Ordered that the order is affirmed insofar as appealed from, with costs.
The parties executed a "Standard Form of Agreement Between Contractor and Subcontractor" (hereinafter the subcontract) requiring the defendant to perform certain masonry work on a construction project in Huntington. There is no dispute that the defendant never performed any services pursuant to the subcontract and was ultimately terminated from the project. The plaintiff was forced to hire another...
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